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HomeMy WebLinkAboutL 13117 P 990 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CONTRACT / OPTION Recorded: 08/31/2021 Number of Pages: 7 At: 02 :29 :57 PM Receipt Number : 21-0155348 TRANSFER TAX NUMBER: 21-03004 LIBER: D00013117 PAGE : 990 District: Section: Block: Lot: 1000 113.00 02 . 00 001. 002 MORTGAGE TAX NUMBER: DM031994 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15 .00 NO Affidavit $0 . 00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $0 .00 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Mort.Basic $0 .00 NO Mort.Addl $0 . 00 NO Mort. SplAddl $0 . 00 NO Mort.SplAsst $0 . 00 NO Fees Paid $280 .00 TRANSFER TAX NUMBER: 21-03004 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 Number of pages RECORDED 2021 Aia 31 02:29:57 PN JUDITH A. PASCALE CLERK 0E This document will be public SUFFOLK. COUNTY record. Please remove all L D00013117 Social Security Numbers P 990 prior to recording. Dh1031994 DT# 21-03004 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee „ / Mortgage Amt. 'v 1. Basic Tax _ Handling 20. 2. Additional Tax _ TP-584 � ' _ Sub Total Notation _ Spec JAssit. or EA-52 17(County) Sub Total�(� Spec./Add. EA-5217(State) TOM MTG.TAX Dual Town Dual County— R.P.T.SA. �� Held for Appointment Comm.of Ed. 5. 00 Transfer Tax _ Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by.a one or two NYS Surcharge 15. 00 family dwelling only. . � Sub Total �Z� or NO M . Other Grand Total a If NO,see appropriate tax clause on page# of this instru ent. //- z.e 4 1 Dist. 4613348 1000 11300 0200 001002 5 Community Preservation Fund Real Propert PTS Consideration Amount$ DRUM Tax Servio R LPA A Agency 30-AUG-2 CPF Tax Due $ Verification �-- -TT--- 'Improved—Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD1006 _ Patricia Blake, PC TD 451 Montauk Highway East Moriches, NY 11940 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Com an .Information 310 Center Drive, Riverhead, NY 11901 Co.N=c FIRST RNATIONALTITLE �i www.suffolkeountyny.gov/clerk Tide t S Suffolk Counly Recording & Endorsement Palze This page forms part of the attached (3f,�o (!!t/Hi�r� ��/cvt made by: �- (SMCfFY TYPE OF INSTRUMENT) St q n C-- J V-- L o c"ti The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of C"-'-\A' Z E n t�F C- (o In the VILLAGE c D o ro L--C- or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING 12-01oLtomft (over) { P Option to Purchase Agricultural Parcel Date:-09/ 12020 Seller: Signature Five Loan Trust Address: 1430 Broadway, Suite 350, New York NY 10025 Purchaser: Zenith Property Group LLC Address:3080 Route 112, Suite B, Medford NY 11763 Seller and Purchaser agree as follows: FIRST: Seller gives to Purchaser the right to buy the Property on the terms stated in this Option agreement SECOND: Purchaser has delivered to Seller, Seller acknowledges,that Seller has received Ten, Dollars($10.00)Consideration. THIRD: The property is described as follows(herein,the"Property"): Ag Parcel Schedule"A." Known as Lot 27 on Map of Fields at Mattituck ✓` SCTM # 1000-113-2-1.2 The Property is subject to an easement for drainage improvements and Planning Board Covenants and Restrictions FOURTH. Purchaser and Seller have entered into that certain Residential Contract for Sale(as amended or modified from time to time,the"Residential Purchase Agreement")dated of even date herewith, pursuant to which Purchaser has agreed to purchase from Seller,and Seller has agreed to purchase from Purchaser,certain real property located adjacent to the Property and commonly known as Lots 55, 56, 57, 59,60,61,62,63, 64, 65,67,68, 69, 70, 71, 74, 75, 76, 77, 78, 79,and 80, 81 (subdivision road)(collectively, the"Residential Properties"),which Residential Properties comprise 22 residential subdivision lots on Map of The Fields at Mattituck filed with the Suffolk County Clerk, March 31, 2006 File No 11370. Purchaser shall be entitled to purchase the Property during the period commencing on the closing date of Purchaser's acquisition of the Residential Properties and continuing thereafter through and including the nine (9)month anniversary of the date thereof(the "Option Period"). To exercise this Option, Purchaser must send notice in writing prior to the expiration of the Option Period,together with the down payment referenced below, by registered mail to Seller at the above address or 4 J delivered personally to Seller. If(a) Purchaser does not notify Seller on or before the expiration of the Option Period of its election to consummate the purchase of the Property pursuant hereto, (b)Purchaser does not consummate the purchase of the Property on or before the expiration of the Option Period or(c)Purchaser's right to purchase the Residential Properties shall terminate pursuant to the Residential Purchase Agreement(the earliest to occur of the events described in the foregoing clauses(a), (b)and(c),the "Termination Date"), Purchaser's right to purchase the Property and this Option shall terminate automatically and shall be of no force and effect. FIFTH: The price of the Property is$700,000 payable as follows: With notice to the Seller that Purchaser will buy the Property,a down payment check, subject to collection, in the amount of $ 70,000.00 BALANCE AT CLOSING $630,000.00 The BALANCE AT CLOSING shall be paid by wire or in certified check, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York. A check must be payable to the order of Seller. SIXTH: The property is to be conveyed in accordance with a Contract of Sale in substantially the same form of the Residential Purchase Agreement. SEVENTH: Seller may pay and discharge any liens and encumbrances not provided for in this Option Contract. Seller may make payment out of the balance of the Purchase Price paid by the purchaser on the transfer of title. EIGHTH: At the Closing Seller shall deliver to Purchaser a deed so as to convey a fee simple title to the Property free and clear of all encumbrances,except as stated in the Contract. The deed shall be prepared,signed, and acknowledged by Seller and transfer tax stamps in the correct amount shall be affixed to the deed,all at Seller's expense. NINTH: The following are to be apportioned as of the date of delivery of the deed: (a) Rents as and when collected; (b) 1FAeFest in the emistine Eneogage; (c)Taxes(lien year),water service and sewveFFeats based upon the fiscal period for which assessed; (d) Premiums on existing transferable insurance policies and renewals on those expiring prior to closing;and (e) Fuel, i€ MY. TENTH: The risk of loss or damage by fire or other casualty before title closing is assumed by seller. ELEVENTH: If seller is unable to convey title on accordance with this contract, Seller's only liability is to refund all money paid hereunder with respect to the Property (being comprised solely of the down payment and the balance of the purchase price specified above(solely to the extent the same has been paid to Seller), and pay charges made for examining title and survey updated. TWELTH: The closing will take place by mail, on or about 30 Days after the date of delivery of the notice of decision to buy the property. THIRTEENTH: Purchaser represents that Purchaser as not dealt with any broker in connection with this sale other than as specified in the Residential Purchase Agreement and seller agrees to pay broker the commission earned (pursuant to separate agreement). FOURTEENTH: All money paid on account of the option agreement, and the reasonable expenses of examination of the title to this property and of any survey and inspection charges, are hereby made liens on the property. The liens shall not continue after the default by purchaser. FIFTEENTH: This Option Agreement may not be changed or terminated orally. SIXTEENTH: The Option Agreement shall apply to and bind the distributes,executors, administrators, successors and assigns of the Seller and Purchaser. If there are more than one Purchaser or Seller the words"Purchaser"and "Seller" used in this Option Agreement includes them. SEVENTHEENTH: The parties agree that this Option Agreement may be recorded. EIGHTEENTH: this Option Agreement will terminate and be of no further effect on the Termination Date, and either party may file a notice of termination to clear title in the event the transaction does not close. Seller: Signature Five Loan Trust P RC ASER: Ze i P erty Group LLC AL Tcu55 e-- State of New York) ss: County of9t"_ On this 11 day ofDC , 2020, before,the undersigned, personally appeared personally known tome or proved tome on the basis of satisfactory evidence to the be individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their cap ty(ies), and that by his/her/their signature(s)on the instrument, the i dividual(s), or the perso u n behalf of which the individual(s)acted, executed the instrumen Notary Pcac BETSYA PERKINS Notary Pul)[10.State of New Vb* Na 01PE6130630 Qualified In Suffak ca r -, CommissiOA Exp[ree Aly 1�.......� First International Title Agency File# NY4178-01 SCHEDULE A-1 (Description) ALL that certain plot,piece or parcel of land,situate, lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York, known and designated as Lot 27 on a certain Map entitled, "Map of the Fields at Mattituck"filed on the 31st day of March, 2006 as Map#11370 Abstract#15719 being more particularly bounded and described as follows: BEGINNING at a point on the Northerly Boundary Line of Bergen Avenue,said point being South 75 degrees 36 minutes 30 seconds West,a distance of 440.55 feet from the intersection of said Northerly boundary line of Bergen Avenue and the Westerly boundary line of Cox Neck Lane; THENCE from said point of BEGINNING, South 75 degrees 36 minutes 30 seconds West along said Northerly boundary line of Bergen Avenue,a distance of 860.63 feet to a point at the intersection of said Northerly Boundary Line and the division line between lands now or formerly of Kit Realty Inc.,on the East,and lands now or formerly of Carol C. Keil,on the West; THENCE along said division line the following eight(8)courses and distances: 1) North 24 degrees 4 minutes 40 seconds West,a distance of 201.58 feet to a point; 2)THENCE North 22 degrees 18 minutes 50 seconds West,a distance of 269.53 feet to a point; 3)THENCE North 22 degrees 33 minutes 50 seconds West,a distance of 789.50 feet to a point; 4)THENCE North 67 degrees 18 minutes 10 seconds East,a distance of 189.71 feet to a point; 5)THENCE North 68 degrees 46 minutes 10 seconds East,a distance of 307.64 feet to a point; 6)THENCE North 23 degrees 13 minutes 30 seconds West,a distance of 107.72 feet to a point; 7)THENCE North 28 degrees 18 minutes 30 seconds West,a distance of 150.34 feet to a point; 8)THENCE North 16 degrees 38 minutes 10 seconds West,204.00 feet to a point; THENCE through the said Lands of KIT Realty Inc.the following five(5)courses and distances: 1) North 59 degrees 23 minutes 00 seconds East, a distance of 208.33 feet to a point; 2)THENCE North 20 degrees 37 minutes 00 seconds West,a distance of 240.00 feet to a point; 3)THENCE North 71 degrees 25 minutes 09 seconds West,a distance of 113.20 feet to a non-tangent point; First International Title Agency File# NY4178-01 4)THENCE Northerly,along an arc to the left having a radius of 300.00 feet,an arc length of 50.44 feet to a point,said curve having a chord Bering North 5 degrees 14 minutes 45 seconds East_and length of 50.38 feet; 5)THENCE North 81 degrees 47 minutes 34 seconds East,a distance of 225.00 feet to a point in the division line between said lands of KIT Realty Inc.,on the West,and Land now or formerly of Daniel V. Brisotti and Maria T. Brisotti,on the East; THENCE South 22 degrees 00 minutes 50 seconds East,along said division line,a distance of 139.28 feet to a point; THENCE South 22 degrees 20 minutes 07 seconds East,along said division line and along the Westerly boundary of"Map of Rosewood Estates," Filed January 24, 1969 in the Suffolk County Clerk's Office as Map No.5240, a distance of 544.80 feet to a point; THENCE,continuing along said Westerly boundary the following seven (7)courses and distances: 1)SOUTH 20 degrees 30 minutes 20 seconds East,a distance of 100.06 feet to a point; 2)THENCE South 21 degrees 45 minutes 40 seconds East,a distance of 99.79 feet to a point; 3)THENCE South 19 degrees 45 minutes 20 seconds East,a distance of 100.06 feet to a point; 4)THENCE South 22 degrees 28 minutes 40 seconds East, a distance of 200.40 feet to a point; 5)THENCE South 18 degrees 36 minutes 50 seconds East,a distance of 100.15 feet to a point; 6)THENCE South 23 degrees 03 minutes 40 seconds East,a distance of 200.05 feet to a point; 7)THENCE South 22 degrees 57 minutes 30 seconds East,a distance of 684.47 feet to the aforementioned Northerly boundary of Bergen Avenue and the point or place of BEGINNING. In witness whereof, the party of the first part had caused these presents to be signed by its duly authorized office the day and year first written above. SIGNATURE FIVE LOAN TRUST By: Signature Five Trust Administrator, its Administrator By: Signature Group Investments, LLC, its Sole Member By: Name: Al Title: /YlF 147, Nr e.rhake-5 ltd ACKNOWLEDGEMENT STATE OF NEW YORK ) COUNTY OF /" �"`� 7�✓ On the Zy day of November in the year 2020 before me, the undersigned, personally appeared 5 Jt k-15 + , p or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/s44a executed the same in his/het,capacity, and that by hisA+ersignature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. N Public JOHNATHAN URUCHIMA sxyrmy PUBLIC STATE OF NEW YORK NO.01URM1271 Cktorwd in trio C.ouniy of New Ywk bion Expm Mtobw 1.2022 4826-6206-4848.1